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SCOTUS Holds “Hot Pursuit” for Misdemeanors Doesn’t Always Justify Warrantless Entry into Home

Constitutional Law Reporter

It held that, under the Fourth Amendment , the pursuit of a fleeing misdemeanor suspect does not always (or categorically) qualify as an exigent circumstance justifying a warrantless entry into a home. A later blood test showed that Lange’s blood-alcohol content was three times the legal limit. California, 594 U.S. _ (2021) , the U.S.

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Police Suggest Possible Charges for Those Who Filmed Rape on Train

JonathanTurley

Generally there is no duty to rescue or to call police under the common law. For example, Washington state allows for the charging of a misdemeanor. The law covers violent crimes, sexual assault, and assault of a child. Some states have moved to penalize those who do not call police. In torts, there is no duty to rescue rule.

Tort 42
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Was Rittenhouse’s Possession of the AR-15 Unlawful?

JonathanTurley

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. I have a legal education.” ” Under Section 948.60(2)(a)

Statute 58
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Legal scholars urge Senate to reject Trump First Amendment impeachment defense

JURIST

A letter signed by 144 constitutional law scholars and circulated Friday characterizes as “legally frivolous” ex-President Donald Trump’s First Amendment -based defense in his impeachment trial slated to start in the US Senate on February 8.

Legal 212
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Rittenhouse Goes To Jury After Case Collapses in Court

JonathanTurley

One issue to watch is how Judge Bruce Schroeder handles the gun count, which is based on what I believe is a flawed legal interpretation by the prosecution. Here is the column: The trial of Kyle Rittenhouse increasingly seems like a legal version of the parable of the blind men and the elephant. One man – not society – is on trial.

Court 51
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Can More Jury Trials Save the Justice System?

The Crime Report

“Expansion of the jury trial right would constitute a meaningful structural reform in democratizing criminal justice, at a time when such change is needed to establish the popular legitimacy of the criminal justice system,” writes J.D. King in a paper published in the University of Pennsylvania Journal of Constitutional Law.

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The Return of Anthony Comstock: The Abortion Pill Case Raises a Law With A Dark and Troubling Past

JonathanTurley

The controversial law came up in oral arguments over the access to the abortion pill in the Supreme Court. The history of the Act, and its namesake, remains a blot on our legal system. He then used the mailing to have the sisters re-arrested for a federal misdemeanor for the interstate mailing.

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